States Minutes 18th September 2001

THE STATES assembled on Tuesday, 18th September 2001 at 9.30 a.m. under the Presidency of the Bailiff ,

Sir Philip Bailhache .

His Excellency the Lieutenant Governor,

Air Chief Marshal Sir John Cheshire, K.B.E., C.B., was present

All members were present with the exception of -

S e nator Jean Amy Le Maistre - out of the Island

S e nator Corrie Stein - out of the Island

S e nator Nigel Lewis Quérée - out of the Island

S e nator Patricia Ann Bailhache - out of the Island

S e nator Leonard Norman - out of the Island

K e nneth Alan Le Brun, Connétable of St. Mary - out of the Island

Prayers

Subordinate legislation tabled

The following enactment was laid before the States, namely -

Diseases of Animals (Welfare in Transit) (Jersey) Order 2001. R  & O 129/2001.

Matters presented

The following matter was presented to the States -

States  of  Jersey  Law  1966,  as  amended:  delegation  of  functions - Misuse  of  Drugs  (Jersey)  Law  1978 - R.C.32/2001.

Presented by the Health and Social Services Committee.

THE STATES ordered that the said report be printed and distributed.

Matter lodged

The following matter was lodged "au Greffe" -

Draft Public Elections (Jersey) Law 200- (P.132/2001): amendments - P.132/2001. Amd. Presented by Deputy J.L. Dorey of St. Helier.

Arrangement of public business for the next meeting on 25th September 2001

THE STATES confirmed that the following matters lodged "au Greffe" would be considered at the next meeting on 25th September 2001 -

M achinery of Government: proposed reforms - P.122/2001. L o dged: 7th August 2001.

P o licy and Resources Committee.

Machinery of Government: proposed reforms (P.122/2001) - c o m ments - P.122/2001 Com. P r esented: 11th September 2001.

H  u  man Resources Committee.

M achinery of Government: proposed reforms (P.122/2001) - amendments - P.122/2001 Amd. L o dged: 28th August 2001.

S e nator C.G.P. Lakeman.

M achinery of Government: proposed reforms (P.122/2001) - second amendments - P.122/2001 Amd.(2). L o dged: 28th August 2001.

D  e puty M.E. Vibert of St. Brelade .

M achinery of Government: proposed reforms (P.122/2001) - third amendments - P.122/2001 Amd.(3). L o dged: 11th September 2001.

D  e puty P.N. Troy of St. Brelade.

M achinery of Government: proposed reforms (P.122/2001) - fourth amendments - P.122/2001 Amd.(4). L o dged: 11th September 2001.

D  e puty R.C. Duhamel of St. Saviour.

M achinery of Government: proposed reforms (P.122/2001) - fifth amendments - P.122/2001 Amd.(5). L o dged: 11th September 2001.

D  e puty A.S. Crowcroft of St. Helier .

D  r aft Gambling (Amendment No.  5) (Jersey) Law 200- P.133/2001. L o dged: 4th September 2001.

G  a  mbling Control Committee.

D  r aft Food and Drugs (Amendment No.  3) (Jersey) Law 2000 (Appointed Day) Act 200- P.134/2001. L o dged: 11th September 2001.

H  e alth and Social Services Committee.

D r aft Matrimonial Causes (Amendment No.  10) (Jersey) Law 2000 (Appointed Day) Act 200- P.136/2001.

Legislation Committee.

D r aft Health Insurance (Medical Benefit) (Amendment No. 54) (Jersey) Regulations 200- P.138/2001. E m ployment and Social Security Committee.

Return of Census forms - question and answer (Tape No. 672)

The Deputy of St. John asked Deputy Philip Francis Cyril Ozouf of St. Helier, President of the Etat Civil Committee, the following question -

"On 11th March 2001 the Island Census forms should have been completed. As of 15th May in his response to my earlier question the President stated that some 2,168 census forms still had to be returned to the census office.

( a ) Would the President advise the Assembly what percentage of forms has now been returned to the Census

office now that in excess of six months have passed, and does the President find it acceptable that in September census staff are still chasing up forms and checking information?

( b ) In response to my questions on 15th May 2001 the President mentioned a cut-off date when the last

batch of census forms would be sent for processing. Would the President advise members the date when this is to happen?

( c ) Would the President inform members what action the Committee has taken in respect of people who

have failed, without good reason, or who have refused to fill in the 2001 census form?

( d ) Is the census office still operational and staffed? If so, when will the staff's task be completed, and when

will the full results of the census be made available?"

The President of the Etat Civil Committee replied as follows -

" ( a) By Friday 14th September 99.1 per cent of Census forms had been returned, and 97.7 per cent had been checked, coded and dispatched. I and my Committee greatly appreciate the positive response of the Jersey public and the dedication of the Census team in achieving this excellent performance. I do not just find it acceptable - I find it highly commendable.

( b ) The cut-off date, by which the final batch of forms will have been sent for processing, is this coming

Friday, 21st September.

( c ) This situation has been addressed in three stages :

S ta g e 1: A series of letters was sent by Enumerators reminding the householder of their obligations and a

possible fine of £500 for non-compliance. A duplicate form was enclosed on each occasion.

S ta g e 2: A follow-up Enumerator has made a personal visit to the householder and explained that a form

has not been received and issued a duplicate form for completion.

S ta g e 3: A member of the Management Team has visited the household.

T h e p r ocess resulted in most recalcitrant householders responding at Stage 1; some required Stage 2 and

in certain circumstances we have found it necessary to use Stage 3. I am pleased to say that we have had no cases where a householder has persistently refused to co-operate. I repeat, every householder who has been approached has completed a census form.

T h e re remain a number of cases where personal contact has not yet been made. The Census team are still

trying to make contact in these cases, many of which will prove not to be households at all. The Committee will consider referring those still outstanding after the cut-off date to the Law Officers.

( d ) The number of census staff has been reducing as the various tasks have been completed. The office will

be manned by a skeleton staff and the follow-up team will continue their visits until the cut-off on Friday. A number of sweeping-up tasks remain which will occupy a small number of staff for a few more weeks. Analysis of the results and preparation of the report will be undertaken by the Statistics Unit under the supervision of the Census Officer.

I e x p e ct to be able to announce the 2001 population count to the Assembly on 16th October. T h e f u ll analysis of results will be available in the New Year."

Bus service - statement

Deputy Alan Simon Crowcroft of St.  Helier, President of the Public Services Committee, made a statement in the following terms -

" O n 22nd August 2001, the Public Services Committee approved an application from Jersey Bus to run the

public bus services in Jersey for one year from 30th September 2001. Representatives of the Bus Company at the

meeting appeared to accept that this was in line with the Bus Strategy approved by the States on 31st July 2001 which approved a competitive tendering process to select a preferred operator to run the bus service at the end of the interim period.

T he Public Services Committee proposed draft terms of reference to Jersey Bus for the joint selection,

briefing and payment of an independent consultant to advise on an appropriate subsidy for Jersey Bus to run the service for this period. However, this offer of an independently determined subsidy was not pursued by the Company. Instead, in a letter dated 3rd September 2001, Jersey Bus set out the conditions which would need to be met for Jersey Bus to operate the one year licences. The key condition was for a guaranteed subsidy of £446,506 to be paid monthly in eight equal instalments, £55,813.33, on the first day of each month, commencing 1st October 2001 and ending 1st May 2002. This subsidy is non-negotiable and Jersey Bus will not disclose any financial information for the purposes of calculating the subsidy.'

W  hilst the letter set out several other conditions, the statement that the proposed subsidy was non-negotiable

was totally unacceptable to the Public Services Committee. The Committee remained willing to appoint an independent consultant to determine an appropriate subsidy, but would not accept the "non-negotiable" subsidy as demanded by Jersey Bus, especially when Jersey Bus was not willing to disclose any financial information in justification of this subsidy.

N  evertheless, the Committee was keen to come to a mutually acceptable arrangement under which Jersey Bus

will be willing to run the one year licences, and, therefore, on 12th September 2001, the Company was informed that while the conditions as set out in its letter were unacceptable, the Committee wished Jersey Bus to reconsider its stance and to agree to discussions with the Committee on the conditions appropriate for Jersey Bus to operate the  one year licences. A response from Jersey Bus by yesterday, Monday 17th September, 2001, was requested as the Committee was meeting on that day, and was mindful that until the intentions of the Company were known it would be difficult, it not ultra vires, for the Committee to take steps to make alternative arrangements for the provision of bus services.

O  n 13th September 2001, without any direct contact by Jersey Bus, the Committee was informed through the

media that Jersey Bus had indicated that there would be no Bus Services from 30th September 2001. As of this morning, the Company has still not confirmed in writing to the Committee that it does not intend to operate the services for which it has licences.

T h e Public Services Committee wishes to emphasise to the States, to bus users and to employees of Jersey

Bus, that it has taken enormous pains to find an acceptable way forward with the current provider of bus services in the Island, including, prior to the States' debate on the Bus Strategy an 11th hour offer of a five- year agreement with the Company, which was not taken up, and including until yesterday, the offer of subsidies to the Company, at a level to be properly and independently assessed, which would have enabled it to run services for the next year - an offer which was not taken up. The Committee has time and time again repeated its sincere belief that Jersey Bus as the incumbent bus operator was in pole position as far as the competitive tender process is concerned.

T h e Committee is making good progress with that tender from the Finance and Economics, Industries and

Home Affairs Committees. However, it is now faced with the very real prospect of there being no public bus services at the end of the month. Having taken advice from the Law Officers the Committee understands that there is provision within the Law to arrange for another operator to provide the Island's bus services. Two expressions of interest have been received and the Committee will be meeting at lunchtime today to decide which of these will be taken up.

 S  enator Horsfall has suggested that, given the urgency of the situation, in particular the need to ensure

continuity of bus services to the thousands of local people who depend upon them, and the financial and industrial relations issues involved, it would be appropriate for the Committee to be joined at its meeting by the Presidents of the Policy and Resources, Finance and Economics and Industries Committees, and I am grateful to him for this suggestion.

T h e States will be given an update on the Committee's progress in the securing of continuity of bus services

at its next meeting."

Operation of a bus service during the winter period - question and answer (Tape No. 672)

Deputy Gerard Clifford Lemmens Baudains of St. Clement asked Deputy Alan Simon Crowcroft , President of the Public Services Committee, the following question -

"In view of the possibility that Jersey Bus will cease operations at the end of this month, would the President -

( a ) give assurances that a full bus service will continue to run, and would he also, at this late stage, outline

the contingency plan he alluded to during the recent Bus Strategy debate?

( b ) advise what steps he intends taking to ensure the unacceptable situation of school children not being able

to get on a school bus (for whatever reason) is resolved as soon as possible?"

The President of the Public Services Committee replied as follows -

" ( a) The Public Services Committee has not received official notification from Jersey Bus that it does not intend to operate the one year licences it was awarded on 22nd August. However, the Company has let it be known through the media that this is the case.

The Committee is considering all options for ensuring that bus services are maintained from the end of this month as the Committee accepts the paramount importance of continuity of bus services in the interests both of bus users and employees in this sector.

The contingency plans referred to in the Bus Strategy include the investigation of another bus operator providing the services; this has involved the taking of legal advice to ensure that the Committee functions at all times within the Law. However, it should be stressed that much of the Committee's efforts in recent weeks have been directed to trying to work with the current holder of the licences in determining an acceptable level of subsidy and to reach a mutually agreeable way forward.

( b ) Under normal circumstances, the passes and tickets would have been issued to the majority of children

prior to the end of the summer term. Unfortunately due to the lack of certainty from the existing operator concerning the level of service available for the September Term and the significant increase in cost of the buses supplied by Jersey Bus, it was not possible to determine the level of service that could be provided from the available budget before the end of term. A double page advertisement was placed in the Jersey Evening Post on 16th August 2001, advising parents of the routes and the requirement to obtain a pass. The office received and processed in excess of 2,000 applications for passes one week before the start of term.

Due to the significant increase in price for the Jersey Bus vehicles and from the number of applications received, the entire budget that had been allocated even with the additional funds granted by the Finance and Economic Committee was used up in providing the service. It was also clear that the service would be operating at maximum capacity in the afternoons. Previously additional buses had been provided at the start of the term to overcome overload problems.

When the schools returned, the majority of the service performed well with the exception of the colleges where several overloads were encountered and a number of applications were received from parents at the start of the term. The co-ordinator has been able to adjust the service to other schools and divert buses to the afternoon service for the colleges, this service covering Victoria Colleges, Jersey College for Girls, Hautlieu, Beaulieu and De La Salle. In addition, some route alterations have been made to adjust the loadings on certain buses.

At the end of last week, there were 77 applications outstanding for passes and by the end of this week following the adjustments, we are hopeful that all of the applications currently in the system will have been granted seats.

Whilst the adjustments required at the start of every September term are regrettable, it is inevitable that a service that is carrying approximately 2,000 children in the morning and afternoon especially with children starting at new schools, there will be some re-routing when the actual loadings are established.

At the time of drafting this answer, we had not received any information from Jersey Bus as to whether or not the uncertainty on the public bus service would have any impact on the school bus service.

The Committee would wish to see the School Bus service available to primary school children and Highland's students. However, until the Bus Strategy is implemented and funding issues resolved, it will be difficult to extend the existing service to such groups."

Pedestrian safety in Colomberie, St. Helier - question and answer (Tape No. 672)

Senator Paul Vincent Francis Le Claire asked Deputy Alan Simon Crowcroft , President of the Public Services Committee, the following question -

"In light of recent concerns once more being raised in relation to pedestrian safety and illegally parked cars in Colomberie, can the President explain to members what difficulties and procedures stand in the way of providing a prompt solution to these concerns?"

The President of the Public Services Committee replied as follows -

"The Public Services Committee has been working with the Planning and Environment's Urban Renewal Sub Committee to widen footways and create unloading areas in St.  Helier: Bath Street and Sand Street are examples of recently completed schemes. The next scheme is planned to commence this winter in York Street and Charing Cross. The solution in Colomberie may be similar to that now in place in Bath Street by Le Gallais Store, where paved unloading areas are available until 10  a.m. each morning after which time they revert to footpath areas. This is therefore a compromise between the needs to unload and the need to have better footpath space for pedestrians. Before finalising plans, we would carry out a thorough consultation exercise.

As Chair of the Urban Renewal Sub-Committee, I am aware that Colomberie is not included in Urban Renewal's plans at the moment. However, I have received a request from Deputy Paul Routier to hold a public meeting to discuss traffic and other issues relating to the area of Colomberie and Snow Hill. In addition, I have received representations from traders in La Motte Street and Colomberie who wish to see significant improvements in this part of St.  Helier. It is my intention, therefore, to enlist the support of the local Deputies and of the Parish of St.  Helier, in holding such a meeting, in order that an action plan for such improvements as are required can be prepared, which would be implemented as soon as funds permit.

In the short term, parking restrictions are being enforced as strictly as manpower permits." Costs of work undertaken by OXERA consultants - question and answer (Tape No. 672)

Senator Paul Vincent Francis Le Claire asked Senator Pierre François Horsfall, O.B.E., President of the Policy and Resources Committee, the following question -

"Would the President provide a detailed breakdown of work and costs of each set of works that have been given to the consulting group OXERA, since it began working for the States of Jersey and its Committees?"

The President of the Policy and Resources Committee replied as follows -

"The work carried out for various States Committees and departments by OXERA, within the scope of the annual contract fee, comprises :

Analysis of and presentation to the Policy and Resources Committee and States Members on Jersey's economy, notably the presentation late last year to all Members on the Jersey Economy: "The First 90 Days".

Ongoing analysis and reporting to the Policy and Resources Committee on the economics of the population issue in Jersey.

Development of "Fiscal Rules" strategy for the Finance and Economics Committee.

Economic analysis of proposals for a new Tourism Investment Fund.

Two written Briefs on the draft Proposition and Report from the Agriculture and Fisheries Committee.

Oral advice and support at each meeting of the Economic Policy Advisory Group and at a range of internal meetings concerned with economic and fiscal policy.

Written advice on the First Consultation Paper on Tax and Spending Policies.

Written Brief on a draft Proposition from the Planning and Environment and Housing Committees on taxation and the property market.

Written Brief on the draft Proposition on the property market from Deputy A. Breckon. Fiscal Strategy: Outline of the Second Consultation Paper on Tax and Spending Policy.

Analysis and advice on the economics of the telecommunications market and the then draft Telecommunications Law.

Written and Oral Briefings on the provision of bus services in Jersey.

Written and Oral advice on the preparation of the 2001 and 2002 Budget Reports.

The cost of the above work undertaken between 1st September 2000 and 31st July 2001 was £293,600, which sum includes expenses.

In addition, the following studies have been commissioned from OXERA outside of the annual contract arrangements -

Study of the Fuels Market in Jersey.

Study of the Funding of Jersey Airport.

Report on the future of the finance industry in Jersey.

The cost of the above studies will amount to £125,100, which sum includes expenses."

Publication of the Strathclyde report on the Jersey economy - question and answer (Tape No. 672)

Deputy Roy George Le Hérissier of St. Saviour asked Senator Pierre François Horsfall, O.B.E., President of the Policy and Resources Committee, the following question -

"Would the President announce the date for the publication of the Strathclyde report on the Jersey economy

and,

given the delays that have occurred, would the President inform the Assembly as to why delays have occurred in its publication?"

The President of the Policy and Resources Committee replied as follows -

"In their contract with the States of Jersey, the Fraser of Allander Institute in the University of Strathclyde were asked -

t o prepare a set of National Accounts of the Jersey economy for 1998 and t o develop a working Macro-economic Model of the Island economy

The National Accounts for 1998, and the Macro-Economic Model, were intended to be used in policy work in States' Committees and Departments. This was to include work on the links between the economy and the environment and the environmental impact of policy changes.

Fraser of Allander were not required in that contract to produce a report which would be suitable for publication.

Fraser of Allander presented their interim results on their work on the National Accounts to the Policy and Resources, Industries and Finance and Economics Committees in March 2001. The work on the National Accounts and the Macro-economic Model was completed at the end of June 2001 and the Macro-economic Model of the Island economy was presented to the Policy and Resources Committee in July 2001. This was three months later than anticipated in the original contract, which was due to difficulties in collecting additional data from within States Departments, mainly because of resource constraints within those Departments.

Our  Economic  Advisers,  OXERA,  have  been making  extensive  use  of  the National  Accounts and  the Economic Model in their everyday work for the States of Jersey. They will continue to do so over the coming months.

Fraser of Allander have provided advice to the Policy and Resources Department on several important policy issues, making full and extensive use of the National Accounts and their Economic Model, since last Spring.

The Policy and Resources Department is currently working with the Fraser of Allander Institute in the preparation of a set of tables and notes on the Island National Accounts for 1998 which will be suitable for publication. These will be produced in a style which should be accessible to the general public. The tables and notes will be loaded on the States Web Site later in the Autumn. We hope that the key results from these papers will appear in the local media.

The work on the links between the economy and the environment is still on-going and decisions will be made regarding the means of publication when the work has been completed.

Woodville Hotel site and means testing first time buyers - question and answer (Tape No. 672)

Deputy Philip Francis Ozouf of St. Helier asked Deputy Terence John Le Main, President of the Housing Committee, the following question -

"1. During last week's States' sitting, with reference to the delay in considering the sale of flats at the

Woodville Hotel Site (P.123/2001) the President said that considerable additional costs would be incurred which he said would have to be requested. Could the President explain and substantiate this claim?

2 C ould the President inform the Assembly whether the Committee has undertaken any means' testing on

persons on the first time buyers'' list? If not, how can the Committee be satisfied that persons on the list

cannot afford to buy in the private sector?"

The President of the Housing Committee replied as follows -

"1. When referring to the delay in considering the proposition to sell the flats at the Woodville Hotel site I

was drawing attention to the fact that this project is being funded by the Finance and Economics Committee with bridging finance.

S i nce the site was purchased in June 2000 funds have been expended and there is an ongoing cost to the

States of not repaying the bridging finance promptly. I must stress that this is internal, not external borrowing, but, nevertheless, I stand by my claim that if these dwellings are not sold promptly there could be an additional cost to the States.

2.  T he Committee is not means testing persons on the first-time buyers list and does not intend to do so other than to ensure that applicants can afford to buy a property. This is in line with existing States policy, reaffirmed when the Planning and Environment Committee's proposition defining the term first-time buyer' was approved by the States by standing vote in June 2000.

O  f course one cannot prove that persons cannot afford to buy in the private sector as there are so many

variable factors involved. What the Committee is doing is ensuring that designated first-time buyer' properties can only be purchased both now and in the future by first-time buyers'. The Committee is satisfied that those who are wealthy enough to purchase in the open market are far more likely to look for a property where they have complete freedom of choice and which can be sold on to whom they please."

Estimation of Gross Domestic Product and Gross National Income in Jersey - statement

Senator Frank Harris on Walker , President of the Finance and Economics Committee, made a statement in the following terms -

"On 31st July my Vice-President gave a holding answer to a question from Senator Syvret seeking a description of the methodology used to arrive at estimates of the Island's Gross National Product, a concept now usually described as Gross National Income (GNI). I am now in a position to provide that information.

Up to and including 1996, Jersey's Gross Domestic Product (GDP) and Gross National Income (GNI) were estimated by averaging estimates based on a number of different approaches -

e s timates of total incomes and investment incomes from income tax data; e s timates of export earnings scaled up by multiplier coefficients;

e s timates based on UK per capita GDP adjusted to Jersey prices;

e s timates based on Guernsey per capita GDP adjusted to Jersey prices.

These estimates treated the investment income of residents of overseas countries as external to the Jersey economy. This is a common practice in many small economies with substantial financial services sectors. No GDP or GNI figures have been published for years since 1996, but estimates of the change in these variables, based on income tax data, were prepared for years up to 1999.

Following the survey work undertaken in the development of the Strathclyde Economic Model, some definitive estimates of GDP and GNI were prepared by the University of Strathclyde from the input-output table for 1998. These estimates reconcile all the three standard approaches to estimating GDP -

t h e output approach of aggregating all value added on Jersey;

t h e income approach of aggregating all Island incomes;

t h e expenditure approach of aggregating all Island expenditure.

The methodology of these estimates is in accordance with the UN's System of National Accounts (1993), which has a broader concept of GDP than that used in the past, including all the income arising in the territory in question. Income repatriated to overseas residents is deducted, and local residents' overseas income is added, in arriving at the figure for GNI, which therefore provides a better indicator of the resources available to the Island for most purposes. The Strathclyde analysis generated 1998 estimates of GDP of £2.66 billion and GNI of £1.76 billion.

Discussions are currently taking place with Strathclyde University and OXERA, our off-Island economic advisors, on how best to update these estimates annually. It has been proposed to introduce some new business enquiries to provide more reliable information for this purpose, giving us a much stronger tool for economic analysis in future. Meanwhile it has been necessary to produce some indicators of the growth of Jersey's GDP and GNI over time. Professional advice was that earlier estimates of the change in these statistics, which were more reliable than their absolute levels, could be used for this purpose. A series of estimates has therefore been prepared based on the Strathclyde figures for 1998 and annual changes based on the earlier methodology I have summarised. A table setting out these estimates will be made available to members on request."

Arrangement of Public Business: suspension of Standing Order 17(3).

THE STATES, adopting a proposition of the House Committee, referred to their Act dated 11th September 2001 in which they agreed that the States should meet every Tuesday until 11th December 2001, and agreed to suspend Standing Order 17(3) during that period for the purpose of enabling the States to agree in principle the proposed list of public business for the meeting to be held two weeks later, subject to final confirmation of the list at the next meeting.

Manual Workers' Joint Council: Employers' Side membership - P.127/2001

THE STATES, adopting a proposition of the Human Resources Committee referred to their Act dated 9th November 1961 concerning the membership of the Manual Workers' Joint Council and to their Acts dated 16th January and 19th June 2001, approving the Employer's Side for 2001, and appointed with immediate effect Deputy Jeremy Laurence Dorey of St. Helier and Deputy Peter Nicholas Troy of St. Brelade in place of Senato C.G.P. Lakeman and the Deputy of Trinity .

States Resource Plan 2001 - P.124/2001

Report - P.124/2001 Rpt.

Amendments - P.124/2001 Amd.

Amendments (P.124/2001 Amd.) - Comments Amendments (P.124/2001 Amd.) - Comments (2)

THE STATES resumed consideration of the States Resource Plan 2001 (P.124/2001), and having given leave to the  Policy  and  Resources Committee to withdraw  paragraph (a)(i)  as  amended  of  the proposition, adopted paragraphs (a)(ii) and (b).

Members present voted as follows -

"Pour" (43) Senators

Horsfall, Syvret, Walker , Kinnard, Le Sueur, Lakeman.

Connétable s

Grouville , St. Helier, St. Martin, St. Ouen, Trinity , St. Clement, St. Brelade, St. Lawrence, St. Jo St. Peter.

Deputies

H.  Baudains(C), St. Mary, S. Baudains(H), Trinity , Duhamel(S), Routier(H), Layzell(B), Breckon(S Grouville , Huet(H), St. Martin , Le Main(H), Crowcroft (H), Vibert (B), St. Peter, Dubras(L), St. Ouen

7. Baudains(C), Dorey(H), Voisin(L), Scott Warr en(S), Farnham (S),Le Hérissier(S), Ozouf (H),Fox(H) Bridge(H), Martin(H).

"Contre" (2)

Deputies

St. John, Troy (B).

Paragraphs (c) and (d) were adopted, the States having accepted an amendment of the Health and Social Services Committee that at the end of sub-paragraph (ii) of paragraph (d) there should be inserted the following words -

" a n d to a gree that, as stated on page 19 of the report, and subject to the necessary approvals being in place, the General and Acute Hospital Extension project be permitted to commence in 2005."

Members present voted as follows on paragraph (d) -

"Pour" (36) Senators

Horsfall, Walker , Kinnard, Le Sueur, Le Claire, Lakeman. Connétable s

St.  Helier, St.  Clement, St.  Brelade, St.  Lawrence, St.  Peter. Deputies

8. Baudains(C), S. Baudains(H), Trinity , Duhamel(S), Routier(H), Layzell(B), Breckon(S), Grouville Huet(H), St. Martin , Le Main(H), Crowcroft (H), Vibert (B), St.  Peter, Dubras(L), St.  Ouen,G. Baudain (C), Dorey(H), Troy (B), Voisin(L), Scott Warr en(S), Ozouf (H),Fox(H), Bridge(H), Martin(H).

"Contre" (1)

Deputies

St. John.

Paragraphs (e) and (f) were adopted.

THE STATES, adopting a proposition of the Policy and Resources Committee, as amended, approved the States Resource Plan 2001 and in particular -

( a ) the total States net revenue expenditure of £394,000,000 in 2003, and of £414,000,000 in 2004 as set out

in Table  4.3;

( b ) the cash limits for each of the non-trading committees as set out in Table  4.3 totalling£360,986,000 in

2002, except that the total net revenue for the Health and Social Services Committee shall be £103,239,000, in place of those approved by the States on 26th September 2000;

( c ) charged all Committees of the States to co-operate with the Policy and Resources and Finance and

Economics Committees in the development of an appropriate process of allocation and prioritisation between Committees (including redistribution, if necessary) of the total States net revenue expenditure for 2003 and 2004, as set out in paragraph  (a)(ii) above;

( d ) approved -

(i ) th e total allocation for capital expenditure in 2002 of £56,000,000, and in 2003, 2004 and 2005 of

£65,000,000 each year, as set out in Table  5.1;

(i i ) th e recommended programme of capital projects for 2002 as set out in Table  5.4 and approved in

principle the proposed programmes for 2003, 2004 and 2005 as set out in Tables  5.5, 5.6 and 5.7, and agreed that, as stated on page 19 of the report, and subject to the necessary approvals being in place, the General and Acute Hospital Extension project be permitted to commence in 2005;

( e ) approved the Legislation Programme for 2002 as set out in Appendices  16 and 17 and the changes in the

1997 to 2000 Programmes as set out in Appendices  9 and 10; and

( f )  agreed the policy as set out in Section  6 (Human Resources) for maintaining control of the formal

establishments of the non-trading Committees.

Public Employees Contributory Retirement Scheme Committee of Management: membership. - P.128/2001

THE STATES, adopting a proposition of the Human Resources Committee, and in accordance with Regulation 3 (5) of the Public Employees (Contributory Retirement Scheme) (General) (Jersey) Regulations 1989, as amended, approved the appointment of Senator Paul Vincent Francis Le Claire as an employer representative on the Committee of Management for the period ending 31st December 2003, in place of the Deputy of Trinity .

Projet d'Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers - P.113/2001

THE STATES, in pursuance of Article 2 of the Loi (1995) (Abrogation) sur les Etrangers, made an Act entitled the Acte (2001) mettant en vigueur la Loi (1995) (Abrogation) sur les Etrangers.

Draft Immigration (Designated Ports of Entry and Exit) (Jersey) Act 200- P.114/2001

THE STATES, in pursuance of section 33(3) of the Immigration Act 1971 as extended to the Island, with modifications, by the Immigration (Jersey) Order 1993, made an Act entitled the Immigration (Designated Ports of Entry and Exit) (Jersey) Act 2001.

Trinity School: approval of drawings - P.131/2001

THE STATES, adopting a proposition of the Education Committee -

1. approved drawings Nos. 2709:99:10 (Rev B) 2709:99:11 (Rev C) 2709:99:12 (Rev C) 2709:99:1 (Rev A) and 2709:99.15 (Rev A) showing the construction of two additional classrooms and remodelling at Trinity School, Trinity ;
2. authorised theGreffierof the States to sign thesaid drawings on behalf of the States.

Jersey Financial Services Commission: appointment of Commissioner - P.129/2001

The Deputy Bailiff , in accordance with Article 3(1A) of the Financial Services Commission (Jersey) Law 1998 as amended, and Standing Order No.  46(2), ordered the withdrawal of Strangers and the closing of the doors of the Chamber in order that the appointment of a Commissioner of the Jersey Financial Services Commission be debated in camera.

THE STATES, having deliberated thereon in camera, proceeded to vote in public assembly and adopting a proposition of the Finance and Economics Committee, and in pursuance of Article  3 of the Financial Services Commission (Jersey) Law 1998, as amended,  appointed Mrs.  Jacqueline Anne Richomme as a Commissioner of the Jersey Financial Services Commission with effect from 3rd October 2001 until 2nd October 2004.

Draft Agriculture (Poisonous Substances) (Repeal) (Jersey) Law 200- P.125/2001

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Agriculture (Poisonous Substances) (Repeal) (Jersey) Law 2001.

Draft Licensing (Licence Fees) (Jersey) Regulations 200- P.130/2001

THE STATES, in pursuance of Article 11 of the Licensing (Jersey) Law 1974, as amended made Regulations entitled the Licensing (Licence Fees) (Jersey) Regulations 2001.

Adjournment

THE STATES then adjourned, having agreed to defer consideration of the proposition concerning the Woodville Hotel site, St. Helier : sale of flats (P.123/2001) until the next meeting when it would be considered as the first item  of  public  business,  and  having  rejected  a  proposition  of   Deputy  R.G.  Le  Hérissier  of  St.  Saviour  to commence at  9.00  a.m.  on  that  day.  The States  agreed to defer  consideration  of the  Projet  de  Loi (200-) (Amendment No.  9) réglant la procédure criminelle (P.37/2001) until 2nd October 2001.

THE STATES rose at 6.13 p.m.

C.M. NEWCOMBE Greffier of the States.